District Court Research Articles

Kewenangan Mengadili Lembaga Peradilan di Indonesia Dan Titik Singgung Pengadilan Umum Dengan Pengadilan Agama

The court as an officially legitimate (legitimate) state institution is given the authority to examine, adjudicate, decide and resolve every dispute submitted to it. The Court's authority, practical and theoretical, is divided into two, namely absolute authority (absolute competency) and relative authority (relative competency, jurisdiction). The method used is literature review, which is a systematic, explicit and reproducible method for identifying, evaluating and synthesizing research works and ideas that have been produced by researchers and practitioners. The type of research that researchers used in preparing this article is research. Qualitative, this kind of research is descriptive and tends to use analysis with an inductive approach. This type of qualitative research is in the form of library research. As far as current practical experience is concerned, the authority of district courts and religious courts often experiences points of contact. Apart from historical factors, incomplete factors and lack of clear explanations in the law give rise to different interpretations regarding the authorities in certain cases. Moreover, the absolute authority of religious courts is based on the principle of Islamic personality, which means that submission to the provisions of Islamic law is the basis for the legitimacy of the authority of religious courts in certain cases. Submission to Islamic provisions as the basis for the meaning of Islamic personality no longer only means formal Muslims (based on legal identity), but also non-Muslims who submit themselves to the provisions of Islamic law. Below are several points regarding the authority of the District Court and the Religious Court.

IDENTIFYING PROBLEMS AND SOLUTIONS OF THE E-COURT SYSTEM OF RELIGIOUS COURTS IN INDONESIA: AN ANALYTIC NETWORK PROCESS STUDY

Many nations are creating E-courts to simplify court operations. However, religious e-Courts take more work to execute. This study hasidentified religious court e-Court implementation issues and solutions using Delphi and ANP. It first employed Delphi and a literature review to interview experts face-to-face. Eight judges, I.T. workers, and attorneys from three religious court districts analysed the model using a priority scale with an Analytic Network Process (ANP). The study found that infrastructure or equipment from the application of the e-Court system is the main issue, with a geometric mean of 0.306, followed by Human Resources (0.262), the system (0.219), and regulation (0.213). Improving e-Court system regulation (0.850) and infrastructure were the primary solutions (0.770). This paper details cluster priority solutions and issues. This study suggests that the highest religious court authority focuses on infrastructure, human resources, e-Court operational systems, and associated legislations. The government must adopt the e-Court system and registration laws to encourage more active socialising. The study prioritises e-Court implementation issues in the religious courts of Indonesia.

Analysis of the Role of Judicial Institutions in Sharia Economic Law Enforcement in Indonesia

This study aims to analyze the concrete role of judicial institutions in the enforcement of sharia economic law in Indonesia. The main focus is to understand how the Religious Courts, District Courts, and Supreme Courts handle sharia economic cases and identify the challenges faced in the process. The research method used is a qualitative approach with a case study design. Data were obtained through in-depth interviews, observations, literature studies, and documentation analysis. The results of the study show that the Religious Court has a central role in the application of sharia principles in banking, insurance, and sharia capital market cases. Collaboration between Religious Courts and District Courts is important in handling complex cases involving aspects of national law and sharia. However, several challenges such as the lack of special training for judges, limited resources, and unclear regulations are still the main obstacles in the enforcement of sharia economic law. This research makes a theoretical contribution by enriching the literature on sharia economic law and practicality by providing recommendations to increase the effectiveness of sharia economic law enforcement. The main recommendations include increasing training and capacity building of judges, harmonization of regulations, and the use of information technology in case management. Thus, this research is expected to support the creation of a fairer and more effective legal system in the enforcement of sharia economic law in Indonesia.

The Crime of Corruption in Social Assistance Funds (Bansos) Amid the Pandemic Era in Indonesia (Case Study of the Central Jakarta District Court Decision No. 29/Pid.Sus-TPK/2021/PN.JKT.PST)

This legal research is motivated by the existence of criminal acts of corruption in the midst of the pandemic. The first problem in this research is whether the decision is appropriate to ensnare the defendants of social assistance corruption. And secondly, how can the perpetrators get relief from the elements of accepting bullying from the community. This research uses normative juridical methods and types of library research, namely by examining various types of materials originating from several statutory regulations and books. The results obtained from this research are first, the form of applying the law to perpetrators in accordance with Article 12 letter b of Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Corruption Crimes as amended in Law Number 20 of 2001 on Corruption Crimes in conjunction with Article 55 paragraph (1 ) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code. Juliari is said to have been proven to have committed corruption in the procurement of social assistance packages for handling Covid-19 in the Jabodetabek area in 2020 worth IDR 32.48 billion. So the defendant should receive a heavier sentence than the statutory regulations. Second, apart from that, the panel of judges' decision in imposing criminal sanctions must consider mitigating and aggravating factors for the defendant. The legal considerations handed down by the judge against the defendant in this case were in line with criminal law. In connection with all the elements being fulfilled legally and convincingly according to the law, it can be concluded that the elements of criminal acts of corruption regarding social assistance are fulfilled

Taking Ethnography to Court: Pedagogical Reflections on a Collective Field Study

Ethnography is an exceptionally difficult subject to teach and learn in a classroom setting. This article, written by an ethnography professor and five graduate ethnography students, reflects on how a short-term and collectively executed fieldwork study can help alleviate this problem. Within three months, we logged over 100 hours of observations on district court proceedings in greater Boston. Our field notes, memos, and seminar discussions brought to life three key topics in ethnography: theorization, positionality, and intervention. While not without its challenges, we ultimately found this exercise to be an effective and efficient way to sharpen our ethnographic sensibilities. We close with a general defense of collective fieldwork as a practical method for teaching and learning ethnography.

Will the Agency Stand Behind Me? Prosecutorial Guidance and Shifts in Organizational Sentencing in Federal Courts

Prosecutors play a large role in determining sentences and may alter their decision-making based on changes in Department of Justice (DOJ) priorities. Consequently, I use the inhabited institutions perspective to investigate whether and how a series of DOJ memos (Holder memo, Thompson memo, McNulty memo) affected sentencing severity for organizational defendants in federal courts. My analyses consist of multi-level regressions of total fine, probation length, and corporate compliance program orders using the 1992–2013 “Organizations Convicted in Federal District Courts” dataset collected by the United States Sentencing Commission (USSC). The results suggest assistant U.S attorneys adjust their approach based on departmental guidance, with punitiveness being linked towards perceived support from the main office for this behavior.

Looking for Legal Justice: Criticizing the Verdict of Nomor 37/Pid.Sus/2020/PN.Ttn Tapak Tuan District Court on Domestic Violence

This study was conducted to examine a judge's decision in a criminal case of domestic violence against a child, with the goal of analyzing how the judge's decision was consistent with Law Number 23 of 2004 concerning the Elimination of Domestic Violence and Qanun Number 9 of 2019 concerning the Implementation of Handling Violence Against Women and Children, while also taking into account moral aspects and benefits. This research is a doctrinal study that uses a case study approach to criticize judicial rulings. The objective of this approach is to examine court rulings, namely the Tapak Tuan District Court Judge's Decision Number 37/Pid.Sus/2020/PN. Ttn, in order to comprehend how the law is applied in actual circumstances. The data sources were obtained from court decisions, the Marriage Act, and several important regulations related to the problems of this study. To strengthen the analysis, this study also used several research results and several articles obtained from various journals, so that the analysis carried out was sharp and precise.This research argues that in Decision Number 37/Pid.Sus/2020/PN.Ttn, the judge's considerations are only formal, following what is in the law alone. In this decision, the judge seems to ignore the material aspect, as can be seen in the judge's considerations in the decision. This is in line with the opinion of Member Judge II and the concurring opinion of the panel of judges in the decision. However, decision Number 37/Pid.Sus/2020/PN.Ttn needs to be appreciated, realizing that the judge's task is very difficult because he not only considers legal interests in deciding the case at hand but also considers the sense of justice for the community to realize legal certainty.

Held v State of Montana: A Constitutional Rights Turn in Climate Change Litigation?

Abstract This analysis examines the decision in Held v State of Montana by the Montana First Judicial District Court, in which 16 youth plaintiffs successfully argued that provisions within the state energy policy and the Montana Environmental Policy Act (MEPA) violate their constitutional right to a clean and healthful environment. As the first climate case in the USA to be brought based on a constitutional right to a healthy environment, it has received considerable attention and is being hailed as a landmark victory. This analysis examines the case in the context of recent trends in climate change litigation and argues that whilst the decision is indeed noteworthy, the circumstances that led to the decision make it unlikely that a wave of similarly successful claims will follow in the USA. Nevertheless, the case could mark a so-called ‘constitutional rights turn’ in climate litigation, as the case bolsters support for stronger protections for environmental rights.

RESTITUTIO IN INTEGRUM: BETWEEN STATE INTERESTS VS VICTIMS IN FRAUDULENT INVESTMENT CASES (Study of Binomo Fraudulent Investment Decision)

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>The aim of investment is basically to gain profits in the future. However, along with the rapid development of information technology, it is increasingly having negative impacts, one of which is "fake investment", as carried out by a convict with the initials IK. What is interesting about this case is regarding the status of the convict's assets. The Tangerang District Court decided that IK's assets were confiscated by the state. The victims also felt disappointed. However, this changed at the appeal level, where the Banten High Court gave a decision that IK's assets be returned to the victim. Due to the mutual attraction between the interests of the State VS the interests of the victims, this article will discuss legal protection efforts for victims of fraudulent investments in Indonesia and the mechanisms for recovering losses both to the victims and to the national economy that arise as a result of the practice of "investment." bulging". This research uses a Legal Research Method with a statute approach and a case approach. The research results show that legal protection related to fraudulent investments still focuses on mitigation, not prevention. Apart from that, it is felt that law enforcement efforts are still less effective, especially regarding Restitutio in integrum or restoration of the original situation.</em><em></em></p><p class="TableParagraph"> </p></td></tr></tbody></table>

VISUALISATION OF THE EVENT IN 3D AND CONFRONTING IT WITH THE CONCLUSIONS FROM BLOODSTAIN PATTERN ANALYSIS IN ORDER TO EVALUATE THE VERSION PRESENTED BY THE WITNESS OR SUSPECT

The article presents topics related to the 3D visualisation of the event, the reconstruction of the event on the basis of bloodstain pattern analysis and the verification of versions presented by personal sources of evidence. The text shows whether in Polish investigative and judicial prac-tice, these three issues occur together or separately and what is the relationship between them. The author presents the result of the work based on an extensive library search, an analysis of court records from two district courts and based on his long practice. The discussion covers essential issues related to the practical aspects of combining these fields to create comprehensive documents to streamline motions for litigants. The conclusions of the article allow for a better understanding of the current state of affairs and the development of better solutions for the legal system for the future.

Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.

Juridical Analysis of Marriage for Couples Who Change Gender Based on Law No. 1 of 1974 concerning Marriage and Islamic Law

The case of gender change in Indonesia is quite common in society. This has legal implications in various aspects, especially regarding marriage. As in the Decision of the Sumber District Court No. 60/Pdt.P/2021/PN.Sbr, the judge granted the gender change. Following this decision, legal consequences related to the validity of the marriage arise. Based on this description, the formulated issues are how Islamic law views gender change and what the legal consequences are for marriage for those who have changed their gender. In discussing this topic, the author uses a normative juridical method by examining the Marriage Law and Islamic Law, particularly related to the marriage of people who have changed their gender. According to the perspective of Islamic law, gender change in Indonesia is considered haram (forbidden) because it contradicts the Quran, Hadith, and the views of scholars, including the MUI Fatwa No. 03/UMNas-VII/MUI/2010. However, surgery aimed at perfecting sexual organs is permissible and considered halal in Islam. For instance, the case of the applicant Hamidah is an effort to cure her genital organ defect and has no legal implications, so it is allowed by law. When Hamidah, also known as Muhammad Hamdan, wants to marry a woman, it should no longer be an issue because religiously Hamidah's actions are justified by religion, and the elements contained in Article 4 of the Compilation of Islamic Law (KHI) and Article 2 Paragraph 1 of the Marriage Law have been fulfilled. Overall, the legality of gender change through the District Court's decision becomes important to determine the legal consequences of marriage, particularly regarding gender status in inheritance distribution and the ability to have offspring.

Normative Examination of The Considerations of Pre-Trial Judge on Distortion of The Value of The Instruments of Evidence (Case Study of Pretrial Decission Number 5/Pid. Pre/2018/PN BTM At the Batam District Court)

<p>The formal administrative examination in pretrial is a mandate from PERMA Number 4 of 2016 which also contains a prohibition so that judges do not intervene the case material, but currently there is a pretrial decission No. 5/Pid. Pre/2018/PN BTM which cancels the determination of the suspect with the consideration that the evidence for the determination of the suspect has been distorted by the investigation period which is considered too long, from this decission it is necessary to analyze the construction flow of the judge's legal considerations and normative juridical examination as well as the legal consequences of the decission against the investigator. This research used descriptive analytical method using a normative approach (legal research) to obtain secondary data and an empirical approach (juridical sociological) to obtain primary data through observation (observation). The results of the study showed that pretrial judges form a new legal method regarding the distorted value of evidence based on the period of investigation in which this consideration was no longer on the assessment of formal aspects, from this decission Investigators if they want to re-determine someone as a suspect must use two different pieces of new evidence. For this reason, the Supreme Court is expected to establish special rules regarding mechanisms and clear boundaries for pretrial judges in establishing the rule of law, besides that a clear definition of deviant and/or fundamentally deviant decissions is needed and the annulling mechanism to anticipate legal smuggling.</p>

Analisis Putusan Nomor 02/Pid.Sus Anak/2022/PN Crp Tentang Tindak Pidana Narkotika Pada Anak

Legal infractions pertaining to children in our day of modernity, include instances where children are the offenders, witnesses, or victims of the law. The criminal law pertaining to drugs is one of the laws that is most frequently broken. The author of this study employs a normative juridical approach technique, first doing literature research before examining and evaluating how legal norms—which ought to be applied in conformity with legal rules—are applied. As mentioned in Law Number 35 of 2009 concerning Narcotics, which governs criminal penalties to act as a disincentive to those who misuse and trade in illegal narcotics and their precursors. Observing and analyzing the law as well as theoretical issues pertaining to legal principles, legal history, and legal comparisons that address the application of the law against minors who commit drug-related crimes and legal considerations surrounding decision Number 00/Pid. Sus-anak/2022/PN Crp regarding drug-related crimes against minors are the methods used in the normative juridical approach. The Curup District Court's ruling in case number 00/Pid.Sus Anak/2022/PN/Crp, which dealt with drug misuse in children, was the subject of the author's investigation in this study.

Проблемные вопросы, возникающие при разрешении гражданского иска в уголовном деле

The article is devoted to problematic issuesin civil lawsuit in a criminal case, proposed the way of its decision. The possibility of recovering damages claimed by a victim in a civil claim in a criminal case from one of the defendants in the case where the victim sues only him, and the damage was caused by joint intentional actions of several defendants, has been explored and argued.The legality of the refusal to the victim to recover moral damage caused by the theft of property without entering the home, due to the damage caused only to property interests, is substantiated.The conditions provided by law for leaving a civil claim in a criminal case without consideration are analyzed if a claim is filed for reimbursement of the cost of treatment in the case where the defendant disputes the causal relationship between the occurrence of a secondary disease in the victim and his actions.As justification, the need to involve the attending physician and medical institution in the case as third parties, the essence of these claims of a property nature, which, although related to the crime, are rather related to the subsequent restoration of the violated rights of the victim. The conclusions drawn are illustrated by examples of criminal cases from the practice of a district court judge.

Grand Sulthan As The Basis For The Transfer Of Land Rights In Tebing Tinggi City

The transfer of land rights is a legal event/action that results in the transfer of rights from one legal subject to another legal subject, thereby causing the loss of authority over the land. Land transfer refers to the process or action that changes land ownership from one party to another. This can occur through a variety of means, including sale, inheritance, gift, or voluntary or forced surrender. For example, if someone sells a house to someone else, that is a transfer of land. This research includes normative legal research, so the legal materials used are primary, secondary and tertiary legal materials. The technique for collecting legal materials that will be used as a source in this research is library research, namely collecting legal materials by reading statutory regulations, official documents, journals, articles from the internet, and other literature that is closely related to The issues discussed are based on secondary legal materials. Transfer of land rights is a right to transfer land rights from an individual to a legal entity. Legal transitions usually occur due to legal acts and legal events. The implementation of the transfer of land rights can occur due to transfer or transfer. Switching, for example due to inheritance of Decision Number. 13/Pdt.G/2020/Pn Tbt The Panel of Judges rejected the Defendants' exception in its entirety in the main case, rejecting the plaintiff's claim in its entirety. Decision Number 422/Pdt/2020/PT Mdn that accepts the bandi application from the Comparator's Attorney for the original Plaintiff based on the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/Pn Tbt, dated 20 July 2020 which is appealed in the exception and rejects the exception Appellee 1 and Appellee II, in the main case, canceled the decision of the Tebing Tinggi District Court which was appealed. At the cassation level, Decision Number 1928 K/Pdt/2021, namely granting the cassation petition from the cassation applicants consisting of the Chair of the Community Empowerment Institution, formerly the Community Social Institution, represented by Iskandar and Lalang Village, Rambutan District, Tebing Tinggi City, represented by Lura Adi Supeno, thereby canceling the Medan High Court Decision Number 422/PDT/2020/PT Medan and dated 21 October 2020 which annulled the Decision of the Tebing Tinggi District Court Number 13/Pdt.G/2020/PN TBT dated 20 July 2020.

Конституционный Суд Российской Федерации о полномочиях районного суда по уголовным делам частного обвинения: можно ли ставить точку в правовом регулировании данного вопроса?

Ruling of the Constitutional Court of the Russian Federation No. 13-П of March 28, 2024, clarified the issue of authorities of a district court in privately prosecuted criminal cases on a crime stipulated by Part 1 of Art. 161.1 of the Criminal Code of the Russian Federation. Taking into account that criminal procedure provisions cannot be developed beyond the framework of criminal procedure law, there is a need for changes to the Criminal Procedure Code of the Russian Federation aimed at approval of respective legal instructions and bringing the external form of criminal procedure law in line with its internal form.

Filling the Red State Federal Judicial Vacancies

District vacancies without nominees that plague red jurisdictions deserve emphasis in this Essay for several reasons. First, there are myriad district court jurists who trigger greater numbers of empty posts when they assume senior status, retire, or die, which triggers more issues. Legislators have created 677 active trial court positions, which dwarf the 179 active court of appeals judicial posts. The trial courts are tribunals of last resort for most cases; their numerous jurists are the only court members that many litigants encounter, and significantly more district court openings lack nominees. In contrast, appellate courts explicitly articulate considerable policy, include multiple states, and enunciate precedent, which strictly binds trial level judges in each circuit’s purview. Vacancies’ substantial quantity and protracted character impose serious complications. Extensive openings increase pressure on all jurists, court staff, and litigants by prolonging resolution. Litigants who file civil suits particularly feel the pressure of judicial vacancies. The prevalence and duration of many red state trial court vacancies without nominees essentially inflict adverse effects that may prevent judges from satisfying their duties to ensure expeditious, inexpensive, and equitable disposition under Federal Rule of Civil Procedure 1. Accordingly, that issue requires scrutiny, which this Essay undertakes.

Juridical Reasoning for the Distribution of Pharmaceutical Preparations that Failed the Efficacy Test in Court Decisions

ABSTRACT Purpose of thestudy (Tujuan) : The purpose of this research is to determine the judge's considerations in imposing sanctions on pharmaceutical distributors who do not meet the efficacy and quality standards by the Ponorogo district court decision Number 115/Pid.Sus/2023/PN Png using juridical analysis. Methodology (Metodologi): The methodology used is a normative research method or library research method. Results (Temuan): The results of this research are that there are cases of distribution of drugs that do not match the efficacy and quality, violating the protection rights of consumers. The government and BPOM are expected to pay more attention to the pharmaceutical production process and provide education to the lay public in the pharmaceutical sector so that the public obtain safe and quality pharmaceutical products. Ponorogo District Court Decision Number 115/Pid, Sus/2023/PN Png The panel of judges considered evidence, legal interpretation, and ethics during the trial. This case violates Law Number 36 of 2009 Article 196 concerning Health. By considering this, circumstances emerged that mitigated and aggravated the defendant and also used the theory of will and the theory of knowledge so that he was charged with imprisonment for 1 (one) year and a fine of IDR 5,000,000.00 (five million rupiah) provided that the fine was not paid to be replaced by imprisonment for one month. The decision at the Ponorogo District Court provides a solid foundation for future courts in handling similar cases. Applications of this study (Kegunaan): The use of this research can be an in-depth understanding of the decision ratio in the Ponorogo District Court Decision for both perpetrators, legal practitioners, academics, and policymakers for future directions. Novelty/ Orginalty of this study (Kebaruan/Orisinalitas): The difference with previous studies is that the focus of this research is the location of the research, the type of drug used and the district court decision

Writs and Rights: A Comprehensive Study of Judicial Remedies in India

The Indian Constitution give High Courts the power to issue writs to authorities, directing them to take or avoid from taking activities that are needed by law and the Constitution. Even before independence, several Indian High Courts had some few writs jurisdiction; however, the true extent and berth of this power have only been fully pour by High Courts after the Indian Constitution, which guarantees basic rights, came into effect. All Indian courts are obligated to provide appellate and supervisory jurisdiction over district and subordinate courts within the territories they oversee. This means that high courts may have the most extensive caseload of any court level. Research has indicated that the maximum Due to a combination of a lack of human resources and an inadequate case load, High Courts in India frequently experience delays and backlogs in cases. The community of the court to judge whether legislative acts are constitutional is called as judicial review of legislative acts. Enabling judicial review of State security measures that result in an unauthorized deprivation of an individual's liberty is the primary goal of writ of habeas corpus. Instead, then punishing any officials in charge of their incarceration, the purpose of the writ is to release the individual from unlawful cure. These are the writs that are explicitly mentioned in the Constitution tonight: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. All forms of the government apart from dictatorship must have a robust, impartial, and independent judiciary. The judiciary is essential to the interpretation and application of the law in any nation and resolving conflicts that arise between citizens as well as between citizens and the state. When a written constitution is in place, the courts also carry out the expensive duty of conserve the supremacy of the document by explain and distinguish its provisions and check that all authorities endure within it enclose.